Uncooperative Environmental Federalism 2.0

Adler, Jonathan H.

Journal: UC Law Journal

Volume: 71

First Page: 1101

Year: 2020

Bluebook Citation: 71 UC L.J. 1101 (2020)

Author: Jonathan H. Adler: all 36 publications


Abstract

As a presidential candidate, Donald Trump promised to curtail federal environmental regulation and empower the states. Has the Trump Administration made good on these pledges to reinvigorate cooperative federalism and constrain environmental regulatory overreach by the federal government? Perhaps less than one would think. This Essay provides a critical assessment of the Trump Administration’s approach to environmental federalism.

Despite the Administration’s embrace of “cooperative federalism” rhetoric, environmental policy reforms have not consistently embodied a principled approach to environmental federalism in which the state and federal governments are each encouraged to focus resources on areas of comparative advantage.

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